bill requiring notice of nearby superfund sites at sale

The text as introduced · 470 words

89R12315 RAL-D

By: Cook
S.B. No. 2266

A BILL TO BE ENTITLED

AN ACT

relating to a seller's disclosure regarding real property located

within a certain distance of a state or federal superfund site.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 5, Property Code, is

amended by adding Section 5.0131 to read as follows:

Sec. 5.0131. SELLER'S DISCLOSURE REGARDING SUPERFUND SITE.

(a) In this section:

(1) "Federal superfund site" means a facility that is

on the National Priorities List established under Section 105 of

the federal Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (42 U.S.C. Section 9605).

(2) "State superfund site" means a facility that is

listed on the state registry established under Section 361.181,

Health and Safety Code.

(b) A person who sells an interest in real property located

five miles or less from a state or federal superfund site shall give

to the purchaser of the property a written notice:

(1) disclosing for any such site:

(A) the name of the site;

(B) the county, zip code, and city, if any, where

the site is located; and

(C) the minimum distance from the property to the

site;

(2) stating:

(A) the definition of a state or federal

superfund site, as applicable; and

(B) that soil, groundwater, and groundwater

wells on the property may be contaminated by the site; and

(3) providing:

(A) the uniform resource locator (URL) address of

an Internet website maintained by the United States Environmental

Protection Agency where the purchaser can search by site name,

city, county, or zip code for:

(i) detailed information about a federal

superfund site disclosed under Subdivision (1); and

(ii) the human exposure environmental

indicator for a site disclosed under Subdivision (1);

(B) the uniform resource locator (URL) address of

an Internet website maintained by the Texas Commission on

Environmental Quality where the purchaser can search by site name,

county, or congressional, house, or senate district for information

about a state superfund site disclosed under Subdivision (1); and

(C) information on the feasibility and potential

cost of connecting the property to an available public water

source, if that information is readily available to the seller.

(c) The seller shall give the notice to the purchaser before

the effective date of an executory contract binding the purchaser

to purchase the property. If a contract is entered into without the

seller providing the notice required by this section, the purchaser

may terminate the contract for any reason not later than the 14th

day after the effective date of the contract.

SECTION 2. The changes in law made by this Act apply only to

a contract for the sale of real property entered into on or after

the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.